DEFENSE: BRIBERY

DEFENSE: BRIBERY H.R.S. § 710-1040(2) It is a defense to a prosecution for bribery, that the Defendant conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion. The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant did not confer or agree to confer the pecuniary benefit as a result of extortion or coercion. If the prosecution does not meet its burden, then you must find the Defendant not guilty. Notes H.R.S. § 710-1040(2). This defense is applicable only to a prosecution of bribery brought under H.R.S. § 710-1040(1). See instruction 12.16.